STEPS IN LITIGATING A PERSONAL INJURY CASE ? PART I

Are you wondering what to expect when you file a personal injury lawsuit? And uncertain of your attorney?s role?

?It?s understandable.

Personal injury litigation is complex and often extremely time-consuming. And because each case is unique, no one can predict exactly how yours will proceed or how your attorney will pursue your claim. In addition, because personal injury laws and regulations differ substantially from state to state, there?s no ?one size fits all? legal process.

But don?t be discouraged. The good news is that generally speaking, every personal injury lawsuit follows the same logical sequence below:

• Initial Interview with Attorney
• Intake and Investigation
• Filing of Claim
• Fact-Finding and Discovery
• Pre-trial Motion
• Settlement / Negotiations
• Trial
• Verdict
• Collecting Money After ?the Court Judgment
• Appeal

The list above illustrates the steps when a lawsuit goes all the way to an appeal. However, you can stop litigation at any time by reaching a settlement with the defendant.

BREAKING DOWN THE STEPS

Now that you have a basic understanding of the timeline, it?s crucial to figure out how the steps fit into the big picture. Why?? Because each step is a vital part of determining whether or not a defendant is liable for the victim?s injuries. Your attorney will always have this objective in mind because the ultimate goal is to reach a settlement or to win at trial.

So now, let us look at some specific features of the steps:

Initial Interview with Attorney: When you first determine whether to hire a specific firm, it?s essential to remember that your attorneys will hold part of your future in their hands. Over the coming months, they will become your friends and carry tremendous responsibility. So ask about their experience and training as well as detailed questions about your lawsuit. This is your opportunity to learn more about how things will proceed should your attorney take your case.

Intake and investigation: This step determines whether you have a valid claim that will survive in court, and identifies which laws may be applicable to the facts of the situation. Your attorney will interview you to record all details of your accident as well as every legally significant fact. A detailed, consistent and factually accurate description of your accident is perhaps the most important element of your lawsuit, because it will form the basis of your initial complaint.

Next, your case will be investigated and evaluated. In some complex cases, evaluation can take months or up to one year to complete, as considerable investigation and legal research may be necessary to determine whether the case has merit. Your law firm?s investigators will photograph the accident site, interview possible witnesses, and identify property owners, among others.

Filing of Claim: Once the law firm agrees to take your case, you become officially a personal injury claimant and plaintiff. Alternatively, the party you are suing is known as the defendant. Your attorney will file papers in court?a summons and a complaint. These documents outline your case, informing both the court and the defendant of the harm caused to you, and of the compensation you expect to receive for your lost wages, medical expenses, and pain and suffering. In many cases, your spouse and children will also have claims for losses as a result of your injuries. At this time, the defendant will be given ?Notice? of your upcoming lawsuit. Be aware that he or she may then file a counterclaim.

Please note that in Part 2 of this article, we will discuss the remaining steps of a Personal Injury Lawsuit.

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Source: http://www.burtonlaw.com/blog/?p=301

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